Brief filed: 01/14/2019
United States v. Newland
S.D. Cal.; Case No. 17 CR 0623 JLS
Exceptions to statutes of limitations should be narrowly construed. The Wartime Suspension of Limitations Act (WSLA) should only apply to war frauds. The WSLA should only apply to pecuniary frauds. Fairness further requires narrow construction of WSLA. Strict construction of the 2008 act is needed because modern authorizations of the use of military force would otherwise allow an unintended indefinite suspension of statutes of limitations. Application of the WSLA would render the defense of withdrawal from a conspiracy a nullity.
Authors: Nathan Pysno and Norman L. Reimer, NACDL, Washington, DC; Donald M. Falk, Mayer Brown LLP, Palo Alto, CA.